CLAIM NO. F004149
Before the Arkansas Workers’ Compensation Commission
ORDER FILED MARCH 12, 2003
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by HONORABLE GUNNER DELAY, Attorney at Law, Fort Smith, Arkansas.
Respondents represented by HONORABLE RANDY MURPHY, Attorney at Law, Little Rock, Arkansas.
ORDER
This matter is currently before the Commission on the claimant’s Motion to Remand.
In an opinion dated January 23, 2003, an Administrative Law Judge found that the claimant proved by a preponderance of the evidence that she had reflex sympathetic dystrophy (RSD). However, the Administrative Law Judge did not make findings with respect to any anatomical impairment or wage loss disability benefits that the claimant might be entitled to for this unscheduled injury and reserved that issue for future litigation. She awarded the claimant additional medical treatment in the form of a visit to Dr. Swicegood for the purposes of determining the impairment specifically apportionable to RSD. The respondents filed a timely notice of appeal, and the claimant filed a timely notice of cross-appeal.
Dr. Swicegood has apparently declined to perform the evaluation requested by the Administrative Law Judge. The claimant requests that the Full Commission remand the case to the Administrative Law Judge to make a finding with respect to wage loss. The respondents have objected to this matter being remanded.
We hold in abeyance the claimant’s motion to remand for additional findings regarding her disability until the Full Commission conducts de novo review of the record and makes its findings on the other issues on appeal. In taking this course of action, we note that, if the preponderance of the evidence established that the claimant did not sustain a compensable RSD condition, as the respondents will apparently assert on appeal, then any remand for additional findings on the extent of permanent disability associated with RSD would be moot.
The Clerk of the Commission is directed to establish a briefing schedule regarding the parties’ appeal and cross-appeal.
IT IS SO ORDERED.
______________________________ OLAN W. REEVES, Chairman
______________________________ JOE E. YATES, Commissioner
Commissioner Turner dissents.